Medical Negligence Claims Concerning Mr Michael Walsh

How Simpson Millar Can Help You

Our team of Medical Negligence solicitors will be more than happy to assess your situation and the likely prospects of success if you were to bring a medical negligence claim. Our team will do this based on the information you provide to them and any documents you have retained regarding your treatment. This could be documents you may have such as medical records, a complaint response or minutes of meetings that you have had with the relevant healthcare provider.

It may be that our team suggests a complaint be made in the first instance. We can help you to make the complaint to the healthcare provider and, if appropriate,  subsequently assist with your medical negligence claim for compensation. Our Medical Negligence Solicitors are highly experienced and have secured compensation settlements for our clients ranging from £8,000 to £12,000,000.

Unfortunately the cases of Mr Michael Walsh and Mr Habib Rahman are not uncommon. Ian Paterson, a surgeon who also worked at the Spire Parkway in Solihull, was imprisoned for 15 years back in 2017. This sentence was later increased to 20 years imprisonment after he was found guilty of wounding with intent whilst performing breast surgery on his patient.

The Duty of Candour regulations place a legal obligation on medical organisations to be open and honest. This means that if a Trust has any concerns about your medical treatment, you should be notified of this at the earliest opportunity. Should you have any concerns about your own treatment, or if concerns about your treatment have been raised with you,  we urge you to contact a Medical Negligence Solicitor for legal advice and assistance.

What Should Your Doctor Do Before You Have Surgery?

Before agreeing to surgery, you should ask your doctor to explain what tests you are having and why. You have a right to know and understand any diagnosis that has been made, the purpose of any testing which has been recommended and the treatment options available to you. If you’ve been referred for tests and don’t understand the meaning of the results, then ask. You are entitled to leave your medical appointments with a full understanding about your health.

The Doctor should talk through all available treatment options with you and what treatment you proceed with, is your choice. Your doctor should discuss with you any material risks associated with the recommended treatment, and the benefits / risks of alternative treatment options.

A ‘material risk’ is a risk which a reasonable person in that particular patient’s position would be likely to consider significant. For example, the risks of surgery to the throat are more material to someone with a career as an Opera Singer.  You should be involved in the decision making process regarding your treatment and ultimately, any treatment administered is completely your choice.

You will sign a consent form prior to surgery, and the risks discussed with you should be noted on this form. You should also get a copy of the consent form, for your own records. Once you have had your treatment, you should be reviewed by your treating practitioner again to discuss the treatment that you’ve had, assess the progress that has been made and answer any questions you may have about your recovery. Again, don’t hold back from asking the questions that are at the forefront of your mind. You have a right to know what impact the treatment has had and whether any further treatment is required or recommended. Your treating practitioner should outline both the benefits and risks of the proposed course of action.

When Will a Hospital Get in Touch With Concerns?

On occasion, you may receive a letter from the hospital to confirm that your treatment is being investigated without a complaint being made by yourself. For example, you may receive a letter from the hospital to say that treatment provided to you will be considered as part of an internal review.

This may occur if concerns have been raised by other patients or if areas of concern have been raised by clinicians at the hospital.

You should be informed of the outcome of the investigation and whether this has any impact on the care or treatment that you received. If you are uncertain or feel that you may have a medical negligence claim, please contact our Medical Negligence team of solicitors who will be able to assess your case and let you know both the likely prospects of success and any action which can be taken immediately. In addition to this, our team can help you understand what has happened and what this means for you in the event that the letter you have received from the Trust or information regarding the investigation is unclear or confusing.

Making a Complaint Yourself

You can submit your own complaint if you’re unhappy about any of your medical treatment.

Most hospitals have a Patient Advice and Liaison Service (PALS). You should make your complaint within 12 months of the treatment which caused you concern, or within 12 months of becoming aware that the treatment you received was negligent, either verbally or in writing.

You may be invited to a meeting to discuss your complaint. If you choose to attend a meeting, you may find it helpful to take a friend or relative to support you. You may also want to ensure that notes of the meeting will be taken, and you can ask for the meeting to be recorded, as long as all parties consent.

Your complaint will be investigated, and you will be advised of the outcome. You should be provided a copy of the findings of the investigation too. It may be that you are notified of steps which are being taken to change the hospital policy or procedure to prevent the same incident(s) occurring again. You may also receive a letter of apology.

A complaint may help you to understand what’s happened regarding your treatment and why the outcome isn’t as you would’ve hoped. If you’re still unhappy with the outcome of the complaint, you should be given information about making a complaint to the ombudsman or be encouraged to seek advice from a Solicitor.

If you’ve been negatively affected by your medical treatment or, our friendly Medical Negligence team can be contacted on 0808 239 0804 and will be happy to help. We look forward to speaking with you.